GPO Box 700
Canberra ACT 2601
1800 800 110
5 October 2021
By email: firstname.lastname@example.org
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 4 September 2021, in which you requested access
under the Freedom of Information Act 1982
(FOI Act) to documents held by the National
Disability Insurance Agency (NDIA).
The purpose of this letter is to provide you with a decision on your request.
Scope of your request
You have requested access to documents about the National Disability Insurance Scheme
(NDIS). Specifically, you requested access to:
“Please provide details on how many times the phrase:
"divert the resources of the NDIA"
has been used by the NDIA regarding FOI enquiries for the period 1 Jan 2020 until 4
Noting this statement has been used in senate estimate and public accountability
forums, please include public expressions of this statement in your final total.”
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act. My decision on your
request and the reasons for my decision are set out below.
The information you requested was not available in a separate written document at the time
of your request. However, we have been able to produce a document containing the
information you have requested. I have, therefore, treated your request as if it were a
request for access to this document in accordance with section 17 of the FOI Act.
I have identified one document which falls within the scope of your request.
I have decided to grant access to this document in full.
The document was identified by conducting searches of NDIA’s systems, using al
reasonable search terms that could return documents relevant to your request, and
consulting with relevant NDIA staff who could be expected to be able to identify documents
within the scope of the request.
I am satisfied that reasonable searches of the NDIA’s document management systems have
been conducted and sufficient enquiries made with relevant NDIA staff. I am satisfied all
reasonable steps have been taken to locate the documents you have requested in part 2 of
your request in relation to public statements, and I am satisfied that the documents cannot
be found or do not exist.
In reaching my decision, I took into account the following materials:
• your correspondence outlining the scope of your request
• the nature and content of the documents falling within the scope of your request
• the FOI Act
• the FOI Guidelines
• consultation with relevant NDIA staff
• factors relevant to my assessment of whether or not disclosure would be in the public
• the NDIA’s operating environment and functions.
Release of documents
The document for release, as referred to in the Schedule of Documents at Attachment A
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment B
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email at email@example.com.
Assistant Director FOI
Parliamentary, Ministerial & FOI Branch
Schedule of Documents for FOI 21/22-0243
Information relating to how many
Document created under
times the NDIA has used the
section 17 of the FOI Act
phrase "divert the resources of the
Your review rights
The FOI Act gives you the right to apply for an internal review of this decision. The review
wil be conducted by a different person to the person who made the original decision.
If you wish to seek an internal review of the decision, you must apply for the review, in
writing, within 30 days of receipt of this letter.
No particular form is required for an application for internal review, but to assist the review
process, you should clearly outline your grounds for review (that is, the reasons why you
disagree with the decision). Applications for internal review can be lodged by email to
or sent by post to:
Freedom of Information Section
Parliamentary, Ministerial & FOI Branch
National Disability Insurance Agency
GPO Box 700
CANBERRA ACT 2601
Review by the Office of the Australian Information Commissioner
The FOI Act also gives you the right to apply to the Office of the Australian Information
Commissioner (OAIC) to seek a review of this decision.
If you wish to have the decision reviewed by the OAIC, you may apply for the review, in
writing, or by using the online merits review form available on the OAIC’s website at
within 60 days of receipt of this letter.
Applications for review can be lodged with the OAIC in the following ways:
GPO Box 5218, Sydney NSW 2001
1300 363 992 (local call charge)
Complaints to the Office of the Australian Information Commissioner or the
You may complain to either the Commonwealth Ombudsman or the OAIC about actions
taken by the NDIA in relation to your request. The Ombudsman will consult with the OAIC
before investigating a complaint about the handling of an FOI request.
Your complaint to the OAIC can be directed to the contact details identified above. Your
complaint to the Ombudsman can be directed to:
Phone: 1300 362 072 (local call charge)
Your complaint should be in writing and should set out the grounds on which it is considered
that the actions taken in relation to the request should be investigated